Minn. Stat. § 518A.03

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (21)

Minnesota Supreme Court

Johnson v. Murray · 2002 4 citations

+ 4 more citations in this opinion.

Larson v. Dunn · 1990 2 citations

II. The Rigenhagens lived in Minnesota in 1980 when the alleged tort occurred, but have been living in California since 1982. We believe the trial court and the appellate court correctly denied their motion to dismiss for lack of jurisdiction. *43 Personal jurisdiction is properly exercised if the nonresident's contacts satisfy our long-arm statute and constitutional concerns. Sherburne County Social Servs. v. Kennedy, 426 N.W.2d 866, 867 (Minn.1988). Larson bears the burden of proving sufficient forum contacts exist when jurisdiction is challenged. Hardrives, Inc. v. City of LaCrosse, 307 Minn. 290, 293, 240 N.W.2d 814, 816 (1976). Under Minnesota's long-arm statute, Minn. Stat. § 543.19, subd. 1 (1988), personal jurisdiction may be exercised over a nonresident who: (a) Owns, uses, or possesses any real or personal property situated in this state, or * * * * * * (c) Commits any act in Minnesota causing injury or property damage, or (d) Commits any act outside Minnesota causing injury or property damage in Minnesota, subject to the following exceptions when no jurisdiction shall be found: (1) Minnesota has no substantial interest in providing a forum; or (2) the burden placed on the defendant by being brought under the state's jurisdiction would violate fairness and substantial justice; or (3) the cause of action lies in defamation or privacy. Larson alleges that while still in Minnesota, the Rigenhagens aided in the abduction and concealment of Jessica. The Rigenhagens allege that their daughter asserts she acted alone. Larson's allegations, however, must be viewed as true for purposes of determining whether he has made a prima facie showing of personal jurisdiction. Hunt v. Nevada State Bank, 285 Minn. 77, 82, 172 N.W.2d 292, 296-97 (1969), cert. denied, 397 U.S. 1010, 90 S.Ct. 1239, 25 L.Ed.2d 423 (1970). Thus, personal jurisdiction may be properly asserted over the Rigenhagens since the alleged cause of action arose in Minnesota. The Rigenhagens contend this basis for long-arm jurisdiction is improper because the statute of limitations has run on any acts committed while they were Minnesota residents. The Larson panel found this argument meritless, noting "[a]lthough some interplay exists between these two legal doctrines * * *, whether a claim is time barred is an issue separate from the issue of personal jurisdiction." 449 N.W.2d at 759. We agree. Further, because "fraudulent concealment of th[e] cause of action will prevent the running of the statute of limitations," Kopperud v. Agers, 312 N.W.2d 443, 446 (Minn.1981); see also Minn. Stat. § 541.05, subd. 1(6) (1988) (fraud action does not accrue until discovered), the statute of limitations had not run when suit was filed January 4, 1989. See Minn. Stat. § 541.07(1) (1988) (two year limitation period). Personal jurisdiction also is proper since the Rigenhagens' allegedly tortious conduct continued after they moved to California. See Minn. Stat. § 543.19, subd. 1(d) (out-state act causing in-state injury). The United States Supreme Court held that personal jurisdiction properly could be exercised over nonresident media when the effects of their intentional conduct were felt in the forum state. Calder v. Jones, 465 U.S. 783, 787 n. 6 & 790, 104 S.Ct. 1482, 1485 n. 6 & 1487, 79 L.Ed.2d 804 (1984) (construing California's long-arm statute). The Rigenhagens' alleged acts were at least indirectly aimed at depriving Larson of his custody rights and the effects of these acts clearly harmed Larson in Minnesota. Due process requires the nonresident defendant "have certain minimum contacts with [the forum state] such that the maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'" International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945) (citation omitted). In analyzing these constitutional parameters, we examine five factors: (1) the quantity of contacts with the state, (2) the nature and quality of those contacts, (3) the connection or relationship between the contacts and the cause of action, (4) the state's interest in providing a forum, and *44 (5) the relative convenience of the parties. Factors (4) and (5) are considered secondary. Kennedy, 426 N.W.2d at 868 (citation omitted). Under this analysis, the nonresident's contacts must be "such that he should reasonably anticipate being haled into court there." Kennedy, 426 N.W.2d at 870 (citation omitted); see also Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239, 2 L.Ed.2d 1283 (1958) (purposeful availment); West Am. Ins. Co. v. Westin, Inc., 337 N.W.2d 676, 679 (Minn.1983). In a similar context, personal jurisdiction was challenged in an action by a father against his nonresident former in-laws for allegedly conspiring to intentionally deprive him of custody. Stangel v. Rucker, 398 N.W.2d 602, 604 (Minn.App.1986), pet. for rev. denied (Minn., March 13 & 25, 1987; June 29, 1988). The panel there held the following forum contacts by the nonresidents were insufficient: paying legal fees to a Minnesota firm in connection with the dissolution proceeding; providing care for the minor child after they knew he had been abducted; and lying about the child's whereabouts in a phone conversation initiated by the father. Id. at 605-06. The forum contacts here, however, present a stronger case for finding personal jurisdiction. The Rigenhagens allegedly denied Larson access to Jessica in 1980 and aided in Jessica's abduction and concealment during the two years they remained Minnesota residents. Franklin Rigenhagen maintained a post office box in Minnesota after moving to California, by which he offered to act as a "go between" for Larson and his daughter. These direct contacts actually gave rise to the cause of action and are such that the Rigenhagens reasonably could have expected to be haled into court here. Further, the Rigenhagens owned real property in Minnesota until March 1985, when they conveyed it into a trust and they apparently remain trustees of this property. They also owned and operated a car dealership in Minnesota until 1984. Although these property contacts are unrelated, they indicate the Rigenhagen's purposeful availment of Minnesota privileges. Minnesota has an interest in providing a forum for this dispute. The subject custody order was issued by a Minnesota court, over which Minnesota retains continuing jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA). Minn. Stat. § 518A.03, subd. 1(a)(2) (1988). Minnesota also is interested in protecting the custodial rights of its citizens. See Minn. Stat. §§ 518A.01, subd. 1(b) & 518A.02(e) (1988) (UCCJA provisions designed to deter abductions and preventing forum shopping). The parties are residents of Minnesota, California and Washington, and these states likely will be the site of witnesses and evidence. While Minnesota may not be the only appropriate forum, we hold the Rigenhagens had sufficient minimum contacts with this state such that our exercise of personal jurisdiction over them does not offend constitutional due process nor statutory requirements.

+ 1 more citation in this opinion.

In Re the Marriage of Schmidt · 1989 6 citations

+ 6 more citations in this opinion.

Landa v. Norris · 1981 3 citations

+ 3 more citations in this opinion.

Matter of Welfare of Mullins · 1980 4 citations

+ 4 more citations in this opinion.

Minnesota Court of Appeals

Marriage of McLain v. McLain · 1997 8 citations

+ 8 more citations in this opinion.

Marriage of Abu-Dalbouh v. Abu-Dalbouh · 1996 2 citations

Minn. Stat. § 518A.03 (1994) provides that Minnesota courts have jurisdiction to decide child custody matters if: (a) this state is the “home state” of the child or the child’s home within six months before commencement of the proceeding; (b) it is in the child’s best interests that a Minnesota court assume jurisdiction; (c) the child is physically present in the state, and there are “emergency” conditions; or (d) no other court would have jurisdiction or will exercise jurisdiction. In this case, Minnesota has both home-state and best-interests jurisdiction.

In Re the Custody of K.K.S. · 1993 3 citations

+ 3 more citations in this opinion.

Marriage of Smith v. Smith · 1993 1 citation

+ 1 more citation in this opinion.

Marriage of Nazar v. Nazar · 1993 2 citations

+ 2 more citations in this opinion.

Marriage of Coleman v. Coleman · 1992 3 citations

+ 3 more citations in this opinion.

In Re the Welfare of T.P. · 1992 1 citation

+ 1 more citation in this opinion.

Marriage of Nazar v. Nazar · 1991 3 citations

+ 3 more citations in this opinion.